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(영문) 의정부지방법원 2019.08.29 2018노3068
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (a fine of three million won is imposed);

2. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: (a) the Defendant committed the instant crime even during the period of repeated crime; (b) the nature of the instant crime is not less than that of the Defendant; and (c) the Defendant is not in depth against his own crime; (d) the mitigated person: (e) the Defendant recognized the instant crime; and (e) the Defendant did not have any record of criminal punishment in relation to the exercise of violence; and (e) the reason for unreasonable sentencing alleged by the Prosecutor at the trial is under the circumstance of the lower court’s determination of punishment; and (e) the lower court’s determination of sentencing does not seem

In addition, there is no circumstance to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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